Adkinson v. State

• Decision Date: 04 March 1910
• Citation: 59 Fla. 1,51 So. 818
• Parties: ADKINSON v. STATE.
• Court: Florida Supreme Court

51 So. 818

59 Fla. 1

ADKINSON v. STATE.

Florida Supreme Court

March 4, 1910

In Banc. Error to Criminal Court of Record, Walton County; D. S Gillis, Judge.

C. F Adkinson was convicted of perjury, and brings error. Reversed.

Syllabus by the Court

SYLLABUS

It is an essential allegation, in an information or indictment for perjury, that the party charged was duly sworn, and that the oath was administered to him by some one authorized by law to administer such oath.

COUNSEL W. T. Bloudworth and J. W. Kehoe, for plaintiff in error.

Park Trammell, Atty. Gen., for the State.

OPINION

HOCKER J.

On the 31st of August, 1909, in the criminal court of record of Walton county, an information was filed against C. F Adkinson in the following form:

'Be it remembered, that A. G. Campbell, county solicitor of Walton county, prosecuting for the state of Florida, in said county, under oath information makes that one C. F. Adkinson, late of the county of Walton, in the state aforesaid, on the 15th day of April in the year of our Lord one thousand nine hundred and nine, at and in the county of Walton aforesaid, did then and there in the said county, being authorized and required by law to make oath in a certain matter before the court of the county judge of Walton county, Florida, did then and there willfully and corruptly swear falsely in regard to a material matter, respecting which his oath was authorized and required; that is to say, on said day said C. F. Adkinson appeared before the county judge of Walton county, and made affidavit against one D. J. Adkinson, charging the said D. J. Adkinson with an assault with intent to murder upon him, the said C. F. Adkinson; that in order to procure the issuance of the necessary paper upon said affidavit, and in order to have the court entertain his said affidavit without he, the said C. F. Adkinson, first paying or securing the costs of said prosecution, the said C. F. Adkinson did then and there knowingly, willfully, corruptly and falsely swear that he, the said C. F. Adkinson, was then and there insolvent and unable to pay the costs of the said prosecution; that in truth and in fact the said C. F. Adkinson was not then and there insolvent and unable to pay the costs of said prosecution, but, on the contrary, he was solvent and able to pay the costs of the prosecution, but, desiring to escape the liability for said costs and avoiding the payment of the said costs, he did

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